Environmental Law

A Kinder and Gentler Federal Government?

By Walter James

On March 19, 2009, United States Attorney General Eric Holder issued memorandum directing an application of a presumption of openness when responding to Freedom of Information Act requests.  The memorandum directs the heads of the executive branch departments and agencies that they ?should not withhold information simply because it may do so legally.?  If an agency determines it cannot make full public disclosure of requested documents, the agency must analyze whether a partial disclosure can be made.  The memorandum rescinds former Attorney General John Ashcroft?s October 12, 2001, memorandum that essentially allowed agencies to withhold records if there was a sound legal basis or if disclosure would present an unwarranted risk of adverse impact on the ability of other agencies to protect other important records.

Under the new policy, Mr. Holder explained: ?. . . the Department of Justice will defend a denial of a FOIA request only if (1) the agency reasonably foresees that disclosure would harm an interested protected by one of the statutory exemptions, or (2) the disclosure is prohibited by law.?  You can access the memorandum at http://www.usdoj.gov/ag/foia-memo-march2009.pdf

I applaud the approach.  Secrecy within the government is a recipe for tyranny.

More later.

As always, feel free to contact me via e-mail at walter.james@jamespllc.com.

WDJiii

Full post as published by Environmental Crimes Blog on March 20, 2009 (boomark / email).